The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-12-14

the plaintiff for money Repeated appeals he claims were
toh Her plea for two years Whe d16 M to redeem Her
paInf and are sufficient to point to purpose on rs Mar
M pr ad TO re n w f s pn ff s ws 13%s "oe o er
EXCEPTION g.
The testimony of Mrs Martin is to the effect that she always
looked upon the conveyance as mere security The visit to
which she to redeem the land confirm this view Mr. Mar
@ Wne that a M Mr. "E5o rowse De % e @
ty olos 81 & and 3d. So says Mr. Martini folio 4 and OF
Mr. Hadd0n' d0lo 2S9 px,rprro.
This Exception is fully covered by the remarks in the first
iree Exceptions.
reading the third defence olo 4 will readily demonstrate
BESIDES defendants second defence prevails it is su
cided third defence in favor of defendant but which,
he second defence sustained to the advantage Of
had his relief in motion to strike out or require defendant
to elect upon which they would rely Not having made his
Coins VS.. Frazier, s. S. c. 1856.
EXCEPTION 6.
u THE Ms m0y yo of M M Of M TnSS 9H 0 St ST. a and oft Mrs.
Cunningham Co., all Sustain the view Of his Honor
issues and upon the merits Of these issues that is that
his reversal not fully supported by the testimony but be-
by referring them to the Jury certainly thought they
sizes Of fact involved in the consideration of the third defense
e0uitbe but they arc involved defence which equa
be as has been held hearing Of this of
sent back for new trial. The legal issues in which the
dict jury conclusive upon the Circuit Judge such
are "presented by the PLAINTIFFS claim"
Smith & Co. Bryce II S. C. 544.
McMahon v. Dawkns, % S. G. $780,
The Circuit Judge not only had the right but his duy
after having heard the verdict of the jury upon the issues
submitted em 60 and render his decson to
such issues and in doing he might reject the concu
sions reached by the jury.
Tolbatt & Sons v. Sandifer MSS, No. 21O3.
"The Judgment in such case be the result of the
cusons of the Judge 'bO the law and the acts' and
he lin forming conclusions is not bound by the verdict Of
h,trna ybOllS ppor1i
c. C. & A. r. r. Co. Earle, - S. G. So.
That in all cases appeal finding of fact by the Circuit
Judge confirming the same findings by referee deduced from
testimony orally before the Judge from evidence sub
tted him in writing for his original findings the burden is
on the appellant show clear in the Circuit Decree by
absence of evidence support opposed to
the manifest weight of testimony in the cause.
Notes by Reporter H. S. c., 617.
rule confirmed in the the of Pope Montgomery
2 $685. where the Court adds the utmost that be said
there was the testimony and in such this Court
rarely if intereres."
Where the verdict by jury the issues heard by Judge
subsequent the report Of the trial Judge he not
the verdict than by the finding by referee
Ivy VS.. Cawson, Is, S. C.
Where he overrues the master his findings rarely
ruled by the Supreme Court
Young Young, S. E. Reporter, page 204
Where the Trial Justice also hears the the equity side
having seen the witnesses his finding of fact is csed with
where he confirms Masters report.
Reporters Notes. SUPRA
The reference of out Of chancey to enghten
the conscience Of the Judge and he disregard the vct
C.,C. e. A. R. r. Co., VS. Earle sup.